SCOTUS: Fed's Cook Can Keep Job for Now06/30 06:22

   

   WASHINGTON (AP) -- The Supreme Court on Monday dramatically expanded 
presidential power, upholding President Donald Trump's firings of the heads of 
independent federal agencies with one important exception: the Federal Reserve.

   The justices allowed Fed governor Lisa Cook to stay in her job while she 
fights the Republican president's effort to fire her over allegations of 
mortgage fraud, which she has denied.

   But other than at the nation's central bank, with its role of setting 
interest rates, the court held that presidents have free rein to fire agency 
heads at will, despite federal laws that require a cause for such dismissals 
and a 91-year-old decision that had limited executive authority.

   With the six conservative justices in the majority, the nine-member court 
jettisoned its unanimous decision in Humphrey's Executor that had limited when 
presidents can fire agencies' board members -- in part to try to ensure 
decision-making free of political influence.

   "We hold that such protection from removal is contrary to the separation of 
powers enshrined in the Constitution," Chief Justice John Roberts wrote for the 
court.

   Support for Trump's position

   The justices ruled in the case of former Federal Trade Commission member 
Rebecca Slaughter, whom Trump fired without cause despite a provision of 
federal law that requires a reason. The logic of the decision extends to other 
agencies, including the National Labor Relations Board, the Merit Systems 
Protection Board and the Consumer Product Safety Commission, where Trump also 
has fired board members.

   Trump voiced his approval in a Truth Social post. "It is such an Honor to be 
the sitting President who won this Historic and Unprecedented Ruling, one of 
the most important ever given with respect to Presidential Powers," he wrote.

   The court already had signaled its support for the Trump administration's 
position, over the liberals' objection, by allowing Slaughter and the board 
members of other agencies to be removed from their jobs even as their legal 
challenges continued.

   No president before Trump had sought to wrest control of the agencies that 
regulate wide swaths of American life, including nuclear energy, product safety 
and labor relations. But at arguments in Slaughter's case in December, the six 
conservatives, including three appointed by Trump, seemed more concerned about 
issuing a ruling that would endure than handing too much power to Trump.

   Their rhetoric was reminiscent of the presidential immunity case in 2024 
that allowed Trump to avoid prosecution for his efforts to undo his 2020 
presidential election loss to Democrat Joe Biden. The court is writing a 
decision "for the ages," Justice Neil Gorsuch said then.

   Justice Sonia Sotomayor, in a dissent she summarized aloud in the courtroom, 
said the ruling could lead to "submission, instability, and even oppression."

   "The president, to be sure, emerges with more power than ever before. That 
power was given to him by six justices on this court, not the people or the 
Constitution," Sotomayor said.

   Fed governor Cook's case

   In Cook's case, the court voted 5-4 to reject the Trump administration's 
effort to get Cook out of her job now. Roberts, Justice Brett Kavanaugh and the 
three liberal justices were in the majority.

   Allowing Cook to be ousted now, Roberts wrote, "would allow the President to 
remove a member of the Federal Reserve at any time, for any reason, without any 
notice before, and without any judicial check after. That would turn for-cause 
protection into little more than at-will employment."

   Roberts did include a footnote in his opinion noting that nothing forbids 
Trump from "trying again" to fire her, provided she is given proper notice and 
a chance to contest it.

   Trump suggested he would take Roberts up on the offer, saying on Truth 
Social that "we will take appropriate action immediately to make sure that 
someone who has committed wrongdoing will not be making vital decisions 
concerning the Welfare of the United States of America!"

   Cook, who was nominated to the Fed's Board of Governors by Biden, can 
continue in her post at least as long as her lawsuit challenging her firing 
goes on, the court said. The Trump administration is appealing a lower-court 
ruling in her favor.

   Besides trying to fire Cook, Trump had threatened to fire former Federal 
Reserve chairman Jerome Powell if he didn't leave the board when his term as 
chairman ended in mid-May. Powell has remained as a governor, even as Kevin 
Warsh has replaced him as chairman.

   Judges on lower courts have allowed Cook to remain in her post as one of 
seven central bank governors.

   The true motivation for trying to fire Cook, Trump's critics say, is the 
Republican president's desire to exert control over U.S. interest rate policy. 
If Trump succeeds in removing Cook, the first Black woman to be a Federal 
Reserve governor, he could replace her with his own appointee and gain a 
majority on the Fed's board. The case is being closely watched by Wall Street 
investors and could have broad impacts on the financial markets and the U.S. 
economy.

   Cook said her case was "never about mortgage documents signed years before I 
became a Federal Reserve governor."

   "It was an attempt to remove me on a manufactured pretext because I refused 
to bow to political pressure and continued to set interest rates based only on 
what would best serve the American people. That is the most fundamental 
obligation of a Federal Reserve governor," Cook said in a statement.

   Trump's confrontation with the Fed

   Trump has been dismissive of worries that cutting rates too quickly could 
trigger higher inflation. He wants dramatic reductions so the government can 
borrow more cheaply and Americans can pay lower borrowing costs for new homes, 
cars or other large purchases, as worries about high costs have soured some 
voters on his economic management.

   The Fed has left its key rate unchanged this year, but a growing chorus of 
policymakers is expressing concern about persistently high inflation and 
suggesting the central bank could raise its benchmark rate by the end of this 
year or leave it unchanged.

   While Cook's case was under review at the high court, Trump dramatically 
escalated his confrontation with the Fed. The Justice Department opened a 
criminal investigation of Powell and served the central bank with subpoenas.

   The investigation ended in late April, the department said. The announcement 
cleared a major roadblock to the confirmation of Warsh as Powell's successor.

   The case against Cook stems from allegations she claimed two properties, in 
Michigan and Georgia, as "primary residences" in June and July 2021, before she 
joined the Fed board. Such claims can lead to a lower mortgage rate and smaller 
down payment than if one of them was declared as a rental property or second 
home.

   Those applications, Solicitor General D. John Sauer said in January, are 
evidence of "gross negligence at best" and give Trump reason to fire her. In 
any event, he argued, courts shouldn't be reviewing his decision and Cook has 
no right to a hearing.

   Cook has denied any wrongdoing and has not been charged with a crime.